Patna High Court
Pinku Sharma @ Pinku Singh @ Pinku KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted on the condition of a bond and sureties, as the evidence against the petitioner was limited to a co‑accused’s confession and he possessed a clean record.
Summary
The petitioner, Pinku Sharma, was apprehended for alleged theft of a scooter, with the case registered under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita. He contended that the only incriminating evidence was the confessional statement of co‑accused Sonal Kumar and that no material was recovered from his possession. The petitioner also highlighted his clean criminal record and willingness to cooperate with the investigation. The State opposed the bail application, arguing that the allegations warranted continued custody. Considering the lack of direct evidence, the petitioner’s clean antecedent, and the nature of the accusation, the court ordered bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite the confessional statement of a co‑accused
- Whether the absence of material evidence and the petitioner’s clean antecedent justify bail under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2)
Subjects
- bail
- confessional statement
- theft
- clean antecedent
- Section 303
- Section 317
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17742 of 2026
Arising Out of PS. Case No.-510 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Pinku Sharma @ Pinku Singh @ Pinku Kumar S/o Sri Ram Binay Singh @
Ram Binay Sharma R/o Village - Navhi (Tiskhora), P.S - Naubatpur, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 303(2) and 317(2) of the Bharatiya
Nyaya Sanhita.
3. Allegation against the petitioner is that he
committed theft of Scooty of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case merely on the confessional
statement of co-accused Sonal Kumar. Further submission is
that no incriminating material has been recovered from the
conscious possession of the petitioner. Except the confessional
Patna High Court CR. MISC. No.17742 of 2026(2) dt.25-03-2026
2/2
statement of co-accused Sonal Kumar, there is nothing material
against the petitioner. Petitioner has got no criminal antecedent
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, nature of allegation and clean antecedent of the
petitioner, let the above named petitioner be released on bail, in
the event of arrest or surrender before the learned court below
within a period of six weeks from today, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-IX, Patna in connection with Shastri Nagar
P.S. Case No. 510 of 2025, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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